RULES OF PRACTICE

FOR THE

FIFTH JUDICIAL

CIRCUIT OF ILLINOIS

Updated April, 2015

RULE I.

(A)

(B)

(C)

(D)

(E)

RULE II.

(A)

(B)

(C)

(D)

(E)

RULES OF PRACTICE

FOR THE FIFTH JUDICIAL CIRCUIT

OF ILLINOIS

JUDICIAL ADMINISTRATION

Chief Judge (1) Selection of the Chief Judge(2) Acting Chief Judge

(3) Vacancy in the Office of Chief Judge

Presiding Judge (1) Designation of Presiding Judge(2) Duties of the Presiding Judge

Judicial Assignments (1) Assignments by the Chief Judge(2) Assigmnents by the Presiding Judge

(3) Assignments of Successor Judge

Judicial Meetings (1) Circuit Judges(2) Associate Judges

(3) Special Meetings

Court Persom1el (1) Court Complement(2) Duties of Bailiff

(3) Duties of Clerk(4) Duties of Comi Reporters

JURORS, TERMS OF SERVICE, SUMMONS & EXCUSE

Grand Jurors

Petit Jurors

Assessment of Costs for Unnecessary Call of Jury Panel

Jury Excuses

Jury Commission

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RULE III. APPEARANCES, TIME TO PLEAD & WITHDRAW AL

(A) Written Appearances 3

(B) Time to Plead 3

(C) Appearance and Withdrawal of Attorneys(1) Written Appearance 3

(2) Withdrawal of Attorney 4

(D) Admission of Foreign Attorneys in Isolated Cases

(1) Application for Admission 4

(2) Order for Admission 4

(3) Contents of Application 4

(E) Appearance by a Two-Way Audio/Video Communication System 4

RULE IV. MOTIONS

(A) Motion Practice(1) Notice 5

(2) Content of Notice 5 (3) Service of Notice 5 (4) Time of Notice 5 (5) Summary Judgment 5 (6) Coordination of Hearing Date 6

(7) Failure to Call Motions for Hearing 6

(8) Memoranda of Law and Authorities 6

(B) Ex Paite and Emergency Motions

(1) Ex Parte Applications 6

(2) Notice Not Required 6

(3) Notice After Hearing 6

RULEY. DISCOVERY PRACTICE

(A) Written Interrogatories 6

(B) Days for Taking Depositions 6

(C) Restrictive Filing 6

(D) Criminal Cases 7

RULE VI. PRE-TRIAL PROCEDURE

(A) Supreme Com1 Rule 222(1) Compliance with Rule 222 7 (2) Affidavit Re Damages Sought 7

(B) Case Management Conferences(1) Compliance with Supreme Com1 Rule 218 7 (2) Initial Case Management Conference 7 (3) Necessity and Purpose of Case Management

Conferences 7 (4) Case Management Memorandum 7

(C) Settlement Prior to Trial 7

(D) Pre-trial Marking of Exhibits 8

(E) Trial Memorandum(1) Preparation and Use 8 (2) Unusual Statutes 8

RULE VII. RECEIVERS

(A) Disqualifications 8

(B) Exception 8

(C) Attorneys for Receivers 8

(D) Inventories of Receivers 8

(E) Appraisal for Receivers(1) Appraisers 9 (2) Appraisal by Receiver 9

(F) Repo11s of Receivers(1) Time of Filing 9 (2) Forms 9

(G) Receivers' Bonds(1) Personal Sureties 9 (2) Surety Companies 9

RULE VIII. SPECIAL RULES PERTAINING TO MATRIMONIAL CASES

(A) Matrimonial Cases Defined 9

(B) Record of Proceedings 9

(C) Financial Affidavit(1) Affidavit of Moving Party 9 (2) Affidavit of Responding Party 10

(3) Failure to File Affidavit 10

(4) Confidentiality 10

(D) Support Payments 10

(E) Acknowledgment of Non-Client's Signature 10

(F) Coordination of Child Custody Proceedings 10

(G) Attorney Qualifications and Education in Child CustodyProceedings 10

(H) Parenting Education 11

(I) Mediation 12

(1) Definitions 12

(a) Mediation 12

(b) Impediment 12

(2) Mediation Mandatory in Ce11ain Cases 12

(a) Matters Subject to Mediation 12

(b) Prerequisite to Mediation 12

(c) Commencement of Mediation 12

(d) Discovery 13

(3) Cases Ineligible for Mediation 13

(4) Referral Assignment Procedure 13

(a) [Procedure] 13

(b) Conflict of Interest 13

(c) Ethical Conduct 14

(5) Qualifications of Mediators 14

(a) Requirements 14

(b) Continuing Education 15

(c) Establislunent of List 15

(d) Denial/Removal from List 15

(e) Pro Bono Requirement 15

(6) Mediation Process 15

(a) Commencement 15

(b) Repo11ing Risk of Bodily Harm 16

(7) Applications of Safeguards in Case of Impediment 16

(a) Duty to Assess 16

(b) Safety 16

RULE IX.

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(c) Competency or Good Faith(d) Effect of Termination

(8) Confidentiality(a) Privacy of Sessions(b) Confidentiality( c) [Disclosure]

(9) Attendance and Termination of Mediation(a) Attendance(b) Termination or Suspension(c) Notice to Court(d) Sanctions for Failure to Appear(e) Termination with Agreement(f) Termination Without an Agreement(g) Reporting Procedures(h) Appointment of Child Representation/GAL

(I 0) Entry of Judgment or Order (a) Presentation of Order(b) Approval by Court

SPECIAL RULES PERTAINING TO SMALL CLAIM ACTIONS

Issuance of Summons

Corporations

Initial Appearance by the Pat1ies

Denial of Claim

Vacating Default Judgment

Dismissal for Lack of Activity

Matter Under Advisement

Post Judgment Matters

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RULE X. SETTLEMENT OF MINOR'S OR WARD'S PERSONAL INJURY CLAIM, WRONGFUL DEATH CLAIM, OR CLAIM UNDER THE SURVIVAL STATUTE

(A) Contents of Petition

(B) Appointment of Guardian Ad Litem

(C) Attorney's Fees

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(D) Order Approving Settlement 22

(E) Vouchers 22

(F) Deposit and Investment of Funds 22

(G) Annuity Payments to Minor's Estate 22

RULE XI. JUDGMENTS, ORDERS AND DECREES

(A) Entry of Judgments, Order and Decrees 22

(B) Dismissal for Want of Prosecution 22

RULE XII. CASES UNDER ADVISEMENT 23

RULE XIII. COURT FACILITIES

(A) Committee Appointed by Chief Judge 23

(B) Correction of Deficiencies in Court Facilities 23

RULE XIV. SPECIAL RULES PERTAINING TO CRIMINAL PROCEEDINGS 23

(A) Defendant's Appearance in Court Through a Two Way Audio-VisualConmrnnication System 23

RULE XV. COURT-ANNEXED CIVIL MEDIATION 24

(A) Introduction 24

(B) Governing Practice 24

(C) Actions Eligible for Mediation 24

(D) Conduct of the Mediation Conference 25

(E) Mediator Requirements 26

(F) Other Requirements 26

(G) Participation by Counties Within the Circuit 27

RULE XVI. RULES OF THE COURT, FIFTH JUDICIAL CIRCUIT 27

(A) Prior Rules Repealed 27

(B) Amendment of the Rules

(C) Rules Filed with Administrative Office

GENERAL ORDER

APPENDICES

Appendix A, Rule VI(B)(4) Case Management Memorandum

Appendix B, Rule VI(E)(l) Trial Memorandum

Appendix C, Rule VIII(C)(l)&(2) Notice of Filing Financial Affidavit

Appendix D, Rule VIII(C)(l)&(2) Financial Affidavit

Appendix E, Rule IX(C) Notice of Default Judgment

Appendix F, Rule VIII(I)(8)(b) Confidentiality Agreement

Appendix G, Rule VIII(I)(9)(g)( 1)

Mediator's Report

Appendix H, Rule VIII(I)(9)(g)(2)

Appendix I, Rule VIII(I)(9)(g)(3)

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RULES OF PRACTICE

FOR THE

FIFTH JUDICIAL CIRCUIT OF ILLINOIS

RULE I. JUDICIAL ADMINISTRATION

(A) Chief Judge.

(1) Selection of the Chief Judge. A majority of the Circuit Judges shall selecton a nonpartisan basis one of their number to serve as Chief Judge for a term of two years commencing on the last Friday of January of each odd-numbered year. The balloting shall be at least two weeks prior to the conclusion of the term but after the first Monday in December. A

Circuit Judge elected to the office of Chief Judge may not serve more than two consecutive two­year terms and no Circuit Judge who was elected to fill a vacancy the term of which will not

expire for 12 months or more shall be elected to more than one succeeding two-year term.

(2) Acting Chief Judge. The Chief Judge shall designate one of the circuit

judges to act as Chief Judge in the event of the Chief Judge's absence or inability to serve. The

Acting Chief Judge shall have the same powers and duties as Chief Judge.

(3) Vacancy in the Office of Chief Judge. Whenever a vacancy occurs in the

office of Chief Judge, any two circuit judges shall call a meeting of the circuit judges for the

purpose of electing a Chief Judge to fill the unexpired term of office. The election shall be within three weeks of the occmTence of the vacancy and at least five days notice shall be given to

all circuit judges.

(B) Presiding Judge.

(I) Designation of Presiding Judge. The Chief Judge shall appoint, by written

administrative order, one circuit judge within each county of the circuit as Presiding Judge of that county, who shall sit at the pleasure of the Chief Judge. The Chief Judge may serve as

Presiding Judge of the county in which he or she sits.

(2) Duties of the Presiding Judge. The Presiding Judge shall call and impanel

grand and petit juries when necessary, submit budgets, administer the judicial department of the

county in which he or she is presiding and perform such other duties as may be required for the proper administration of justice. The Presiding Judge is authorized to promulgate administrative orders not inconsistent with these rules. All administrative orders shall be approved by the Chief

Judge prior to becoming effective.

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(C) Judicial Assignments.

(1) Assignments by the Chief Judge. The Chief Judge shall assign circuitjudges and associate judges to the various counties within the circuit and may further assign all judges on a case-by-case basis.

(2) Assignments by the Presiding Judge. The Presiding Judge within eachcounty shall assign judicial duties to the circuit and associate judges regularly assigned to that county by the Chief Judge.

(3) Assignments of Successor Judge. If the judge assigned to any proceedingbefore the circuit court recuses himself or herself, is subject to a successful motion for substitution, or is otherwise disqualified from proceedings, the judge shall refer the matter to the Presiding Judge. The Presiding Judge of the county shall assign the cause to a successor judge or refer the cause to the Chief Judge.

(D) Judicial Meetings.

(1) Circuit Judges. The circuit judges shall meet each year to discuss and takesuch action as may be required in connection with the business of the court. A quorum, consisting of two-thirds of the circuit judges within the circuit, must be present to conduct business and any matters affecting the circuit must pass by a majority of those present.

(2) Associate Judges. The Chief Judge or a designce thereof may meet withthe associate judges, separately or with the other judges, to discuss and take such action as may be required in connection with the business of the court.

(3) Special Meetings. Special meetings may be called at any time by theChief Judge or by two circuit judges upon five days notice to all circuit judges.

(E) Court Personnel.

(1) Court Complement. A full court complement consists of the judge, clerkand bailiff when court is in session. A full complement should be maintained at all times unless excused by the court for good cause.

(2) Duties of Bailiff. The bailiff shall open and close court, preserve order inthe courtroom, attend to the jury when it is placed in the bailiffs custody, and perform such other duties as may be directed by the comi.

(3) Duties of Clerk. The courtroom clerk shall have all necessary files anddocket sheets in the proper courtroom, shall swear witnesses, maintain custody of exhibits during trial and perform such other duties as may be directed by the court.

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( 4) Duties of Comi Reporters. The duties of the reporters shall be inaccordance with the administrative regulations adopted by the Chief Judges as Public Employer and Employer Representative.

RULE II. JURORS, TERMS OF SERVICE, SUMMONS & EXCUSE

(A) Grand Jurors. Grand jurors shall be called by the Presiding Judge or a designeethereof. Each grand jury and its members shall serve until the impaneling of the next subsequent grand jury, unless sooner discharged. If any day upon which a grand jury is to be called is a legal holiday, such grand jurors shall be called to serve the next court date. After being impaneled, instructed and sworn by the court, the grand jury shall sit at such time as the comi may order and may be recessed from time to time to a day ce1iain, or subject to recall.

(B) Petit Jurors. The Presiding Judge or a designee thereof shall ce1iify to the clerk ofthe court the number of petit jurors required, and the date, time and place at which they shall be summoned. The notice to each juror shall state the period of service for which he or she shall be summoned.

(C) Assessment of Costs for Unnecessary Call of Jury Panel. If for any reasonattributable to counsel or parties, including a settlement or change of plea, the comi is unable to commence a jury trial as scheduled, and a panel of prospective jurors has repo1ied to the comihouse for voir dire, the court may assess against counsel or parties responsible all or part of cost of the panel.

(D) Jury Excuses. The Presiding Judge or a designee thereof shall have charge ofexcusing summoned jurors from service and regulating their assignments to the various judges.

(E) Jury Commission. The grand jury and petit jury are subject to the rules of theCounty Jury Commission, if a commission has been established.

RULE III. APPEARANCES, TIME TO PLEAD & WITHDRAW AL

(A) Written Appearances. If a written appearance, general or special, is filed, copiesof the appearance shall be served in the manner required for the service of copies of pleadings.

(B) Time to Plead. A party who appears without having been served with summons isrequired to plead within the same time as if served with summons on the day he or she appears.

(C) Appearance and Withdrawal of Attorneys.

(1) Written Appearances. An attorney shall file a written appearance or otherpleading before addressing the comt, unless presenting a motion for leave to appear by intervention or otherwise.

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(2) Withdrawal of Attorney. Withdrawal of attorneys shall be in compliancewith Supreme Court Rule 13.

(D) Admission of Foreign Attorneys in Isolated Cases.

(1) Application for Admission. An attorney from any other jurisdiction in theUnited States, or foreign county, shall not file any pleading, or participate before the court in trial or argument of any pai1icular cause in which, for the time being, he or she is employed, without having first obtained an order for admission pro hac vice. An application for admission pro hac vice shall be received by the Presiding Judge.

(2) Order for Admission. The Presiding Judge of the county whereinpermission is sought shall receive from the Illinois Attorney Registration and Disciplinary Commission proof of compliance and admission by their office. Admission is in the Illinois Attorney Registration and Disciplinary Commission's discretion and then only such terms and conditions as prescribed. An order authorizing admission shall be filed in the case in which practice is permitted.

(3) Contents of Application. A form of application for admission pro hac viceis available online with the Illinois Attorney Registration and Disciplinary Commission at www.iardc.org or information is available in the office of the circuit Clerk.

(E) Appearance by a Two-Way AudioNideo Communication System.

(1) An incarcerated defendant may appear in court for pre-trial and post-trialproceedings by means of a two-way audio-visual co1mnunication, including closed circuit television, internet system, computerized video conference, or other audio-visual means in the following proceedings:

1. The initial appearance before a judge on a criminal contempt complaint;2. The waiver of a preliminary hearing;3. The entry of a not guilty plea;4. The presentation of a jury waiver;5. Any status hearing:6. Any hearing conducted under the Sexually Violent Persons Commitment Act

at which no witness testimony will be taken;7. Any hearing on a motion for continuance;8. The setting of any hearing or pre-trial or post-trial matter;9. Any other non-critical state proceeding at which no witness testimony will be

taken.

(2) An incarcerated defendant must be personally present in court for allguilty pleas, trials, or evidentiary hearings and motions.

(3) The two-way audio-visual communication facilities must provide a two-way audio-visual communication between the Court and the place of custody or confinement,

and must include a private and secure means by which the person in custody and his or her

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counsel, if any, may communicate. However no separate private communications need be provided if no counsel has been appointed or if no counsel has entered and appearance for the person in custody.

( 4) Nothing in this Rule shall be construed to prohibit any other courtappearance th.rough the use of two-way audio-visual communication by any person in custody or confinement upon his/her waiver of any right to be physically present.

(5) Nothing in the Rule shall be construed to establish a right of any personheld in custody or confinement to appear in court tlu·ough two-way audio-visual communication or to require that any court, governmental entity, or place of custody or confinement, provide two-way audio-visual communication.

(6) Nothing in the Rule shall prohibit any judge from requiring any held incustody or confinement to appear in person in court, and not by audio-visual means. Such requirement in-court appearance may be either on a case by case basis, or may be pursuant to a judge's continuing general order.

RULE IV. MOTIONS

(A) Motion Practice.

(1) Notice. Written notice of the hearing of all motions shall be given by theparty requesting hearing to all parties who have appeared an<l have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice of motion made within a court day of trial shall be given as directed by the court. Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

(2) Content of Notice. The notice of hearing shall designate the motion judge,show the title and number of the action, the date and time when the motion shall be presented and a short statement of the nature of the motion. A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.

(3) Service of Notice. Notice shall be given in the manner and to the personsdescribed in Supreme Court Rule 11.

( 4) Time of Notice. If notice of hearing is given by personal service, thenotice shall be delivered at least 72 hours preceding the hearing of the motion. If notice is given by mail, it shall be in accordance with Supreme Comt Rule 12.

(5) Summary Judgment. Unless by leave of court for good cause shown, amotion for summary judgment shall not be heard until 10 days after service of notice of motion under Supreme Comt Rule 11.

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(6) Coordination of Hearing Date. It is the responsibility of counsel preparingthe notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel the setting of a hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.

(7) Failure to Call Motions for Hearing. The burden of calling for hearing anymotion previously filed is on the party making the motion. If any such motion is not called for hearing within 90 days from the date it is filed, the court may strike the motion or set the motion for hearing. This shall not prevent any other paity from calling any motion for hearing.

(8) Memoranda of Law and Authorities. Except for good cause shown, allMemoranda of Law and Authorities shall be on file at least two court days prior to the hearing.

(B) Ex Paite and Emergency Motions.

(1) Ex Pa11e Applications. Every complaint or petition seeking an ex parteorder for the appointment of a receiver, a temporary restraining order, a temporary injunction, an emergency order of protection or a writ of ne exeat republica shall be filed in the office of the circuit clerk, if that office is open, before application is made to a judge for the order.

(2) Notice Not Required. Emergency motions and motions which by law maybe ex parte may, in the discretion of the com1, be heard without giving notice of hearing. Emergency motions shall, so far as possible, be given precedence.

(3) Notice After Hearing. lf a motion is heard without prior notice under thisrule, written notice of the hearing of the motion showing the title and number of the action, the name of the judge who heard the motion, date of the hearing, and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the comi to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

RULE V. DISCOVERY PRACTICE

(A) Written Interrogatories. The party serving written interrogatories shall providetwo legible copies to each party required to answer the same. The interrogatories shall be

reasonably spaced so as to permit the answering party to make his or her answer on the copies served. The answering party may attach an addendum to the copies if the space provided is found to be insufficient.

(B) Days for Taking Depositions. Unless otherwise agreed by the pa11ies or orderedby the com1, depositions shall not be taken on Saturdays, Sundays or court holidays.

(C) Restrictive Filing. Unless otherwise ordered by the court, notices of depositions,

transcripts of discovery depositions, interrogatories, requests pursuant to Supreme Court Rules 214 or 216, answers or responses thereto and other discovery documents shall not be filed with

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the clerk of the comt except as necessary to resolve disputed issues of procedure, fact, or substantive law or pursuant to Supreme Court Rule 207(b)(l ).

(D) Criminal Cases. Unless otherwise ordered by the comt, discovery materials,answers, or responses need not be filed with the clerk of the court, except as necessary to resolve disputes, issues of procedure, facts or substantive law or pursuant to Supreme Comt Rules 411 through 415.

RULE VI. PRE-TRIAL PROCEDURE

(A) Supreme Comt Rule 222.

(1) Compliance with Rule 222. Supreme Comt Rule 222 applies to all civilcases, except those specifically excluded by paragraph ( a) of the rule.

(2) Affidavit re Damages Sought. When filing a complaint, failure to file anaffidavit regarding damages sought as required by the rule shall require the Court to consider that the damages sought do not exceed $50,000.

(B) Case Management Conferences.

(1) Compliance with Supreme Comt Rule 218. Supreme Court Rule 218applies to all civil cases except small claim cases and cases where a progress call date has been assigned at the time the complaint was filed.

(2) Initial Case Management Conference. The parties shall schedule a casemanagement conference within 35 days after the patties are at issue and in no event more than 182 days following the filing of the complaint, unless earlier required by Supreme Court Rule. Failure to timely schedule a conference shall be cause for dismissal for want of prosecution.

(3) Necessity and Purpose of Case Mat1agement Conferences. Casemanagement conferences shall be held in all cases where required by Supreme Court Rules 218, 923, or other Rule or statute. Upon motion of any patty or on its own motion, the comt may order that a case management conference be held in any civil action. A discovery calendar and trial date shall be set at the case management hearing. Discovery deadlines and trial settings may not be changed except by leave of comt.

(4) Case Management Memorandum. In actions in which a case managementconference is held, the attorneys for each of the parties shall prepare a full and complete typewritten case management memorandum substantially in the form set forth in Appendix A (if applicable) and shall deliver to the judge at the time of the conference the original and sufficient copies for all parties.

(C) Settlement Prior to Trial. In the event of settlement prior to trial, the attorneys forthe patties shall notify the judge or in the judge's absence, the clerk of the court, immediately.

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(D) Pre-trial Marking of Exhibits. At a conference with the court preceding the trial,the parties shall produce all of the exhibits they expect to offer in evidence. Each of such exhibits shall thereupon be marked for identification either by the court repo11er or the attorneys as the cow1 shall direct. The pa11ies shall then stipulate as to the exhibits to which there is no objection and such exhibits shall be admitted into evidence without the necessity of any further foundation.

(E) Trial Memorandum.

(I) Preparation and Use. Injury cases, to assist the comt in its voir direexamination of juries under Supreme Com1 Rule 234, plaintiffs attorney shall submit to the court, at the time the case is called for trial, a brief trial memorandum (Suggested Form, Appendix B) and furnish a copy to opposing counsel who may suggest amendments thereto. The com1 shall exercise its discretion in its use of the trial memorandum.

(2) Unusual Statutes. If the application of or interpretation of a statute or ruleoflaw is deemed of paiticular significance by counsel for any pa11y, counsel shall call the court's attention to the same in writing either in the trial memorandum or at the case management conference.

RULE VII. RECEIVERS

(A) Disqualifications. Except as provided in (B) of this rule or any applicable statute,an appointment as receiver shall not be granted to an individual, or to a corporation having a principal who:

( 1) is related by blood or maniage to a party or attorney in theaction;

(2) is an attorney for, or of counsel for any party in the action;(3) is an officer, director, stockholder or employee of a corporation the

assets of which are in question; or( 4) stands in any relation to the subject of the controversy that would tend

to interfere with the impartial discharge of the receiver's duties as anofficer of the com1.

(B) Exception. If the comt is satisfied that the best interests of the estate would beserved, an individual or corporation otherwise disqualified under section (A) of this rule may be appointed as receiver by an order specifically setting fo11h the reasons for departing from the general rule. A receiver so appointed shall serve wholly without compensation, unless otherwise ordered by the comt upon good cause shown.

(C) Attorneys for Receivers. An attorney for the receiver shall be employed onlyupon order of the court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

(D) Inventories of Receivers. No later than 30 days after his appointment the receivershall file with the court a detailed report and inventory of all prope11y, real or personal, of the estate and designating the prope11y within his possession or control.

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(E) Appraisal for Receivers.

(1) Appraisers. Appraisers for receivers may be appointed only upon order ofcourt or agreement of the parties with the approval of the court. If appraisers are appointed, they shall be selected by the comi.

(2) Appraisal by Receiver. If no appraisers are appointed, the receiver shallinvestigate the value of the prope11y of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

(F) Repo11s of Receivers.

(1) Time of Filing. The receiver shall file an initial repo11 at the time of filingan inventory and additional reports annually thereafter. Special reports may be ordered by the

court and a final report shall be filed upon the termination of the receivership.

(2) Forms. The com1 may prescribe fonns to be used for reports of a receiver.

(G) Receivers' Bonds.

(1) Personal Sureties. Bonds with personal sureties shall be approved by thecom1. Unless excused by the com1, sureties shall execute and file schedules of property in a form approved by the court.

(2) Surety Companies. Bond with a corporation or association licensed totransact surety business in this state as surety will be approved only if a current certified copy of the surety's authority to transact business in the state, as issued by the Director of Insurance, is on file with the clerk of the com1, and verified power of attorney or ce11ificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

RULE VIII. SPECIAL RULES PERTAINING TO MATRIMONIAL CASES

(A) Matrimonial Cases Defined. For purposes of this rule, matrimonial cases aredefined as any proceeding for an order or judgment relating to dissolution, legal separation or invalidation of maiTiage, including all ancillary proceedings.

(B) Record of Proceedings. In any proceeding for the entry of judgment ofdissolution, separate maintenance or annulment, the testimony shall be recorded.

(C) Financial Affidavit.

(1) Affidavit of Moving Party. In all proceedings involving petitions forattorneys fees, cou11 costs, maintenance, suppo11 and/or custody of children and modification of any previous orders relating thereto, the moving party shall prepare and file a financial affidavit,

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including a computation of arrearage if alleged due (Suggested Form, Appendix D) with proof of service pursuant to Supreme Court Rule 11, showing service not less than 10 days prior to the hearing unless for good cause shown the court otherwise directs.

(2) Affidavit of Responding Party. The paity responding to said petition shallcause to be on file with proof of service not less than five days prior to the heai-ing a financial affidavit, including a computation of arrearage if alleged due. (Suggested Form, Appendix D)

(3) Failure to File Affidavit. Failure to timely file an affidavit as required in(1) or (2) above shall subject the party failing to so file to sanctions by the comt which shall, atthe court's discretion, include but not be limited to, the following: continuance of the hearingwith award of attorney fees and costs to the non-violating party.

(4) Confidentiality. In order to preserve confidentiality and to preventidentity theft, identifying information such as social security numbers, payroll numbers, employee identification numbers, and the like which are in the affidavit or the required attachments shall be stricken, masked, or removed from documents filed with the clerk of the court.

(D) Suppo1t Payments. Unless otherwise ordered, support payments shall not bemade directly between the patties.

(E) Acknowledgment of Non-Client's Signature. No attorney or employee of his orher firm may acknowledge the signature of an opposing party on any pleading or entry of appearance.

(F) Coordination of Child Custody Proceedings. In accordance with Supreme CourtRule 903, whenever possible and appropriate, all child custody proceedings relating to an individual child shall be conducted by a single judge. Whenever a child custody proceeding (as defined in Rule 900 of the Supreme Comt Rules) is filed, and there is a child custody matter already pending before another judge involving the same child, the judges involved and the Presiding Judge shall confer as often as needed to determine which court(s) shall control and hear said issues and shall consider the impact of such orders on siblings, relatives and parties in each case as well as whether consolidation of such cases may be impracticable because of the arrangement of courtrooms, facilities and assignments of auxiliary court personnel.

(G) Attorney Qualifications and Education in Child Custody Proceedings.

(l) The circuit shall maintain a list of approved attorneys qualified to beappointed in child custody and visitation matters covered under Section IX of the Supreme Comt Rules as guardians ad !item, child representatives, or attorneys for children.

(2) In order to qualify for the approved list, each applicant for the list shallmeet the following minimum requirements:

(a) Each attorney shall be licensed and in good standing with the

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Illinois Supreme Cout1.

(b) Each attorney shall have attended the education program createdby the Illinois State Bar Association for education of attorneys appointed in child custody cases or equivalent education programs consisting of a minimum of ten hours of continuing legal education credit within the two years prior to the date the attorney qualifies to be appointed.

(c) To remain on the approved list, each attorney shall attendcontinuing legal education courses consisting of at least five hours every two year period and submit verification of attendance to the Office of the Chief Circuit Judge at the time of attendance or upon request. The five hours should include courses in child development; ethics in child custody cases; relevant substantive law in custody, guardianship and visitation issues; domestic violence; family dynamics including substance abuse and mental health issues; and education on the roles and responsibilities of guardians ad !item, child representatives and attorneys for children. Attendance at programs sponsored by this circuit may be included as a portion of this continuing education requirement.

(d) Each attorney must complete the Child Representative

Information Sheet provided by this circuit and return it with a statement or other verification of attendance at continuing education.

(e) Each attorney must adhere to the minimum duties andresponsibilities of attorneys for minor children as delineated in Supreme Court Rule 907.

(3) Each attorney placed on the approved list and appointed shall be paid bythe parties to the litigation as ordered by the judge handling the file or as agreed between the litigants. The costs for the appointed attorneys shall be paid as ordered and the court may

enforce the orders and judgments as in other proceedings, including the imposition of sanctions.

(4) In the event the court deems it is in the best interests of the child orchildren to have an attorney appointed in a proceeding under Section IX of the Supreme Court Rules but finds that the parties are both indigent, the court may appoint an attorney from the approved list to serve pro bono.

(5) The Chief Judge and/or Presiding Judge shall maintain the list of theapproved attorneys and shall rotate the appointment of pro bono representatives.

(6) Each attorney on the approved list for the circuit shall only be required to

accept one pro bono appointment each calendar year.

(7) The Chief Judge of this circuit maintains the authority to remove anyattorney from the list of approved attorneys based upon the failure to meet the listed qualifications or for good cause, including the failure of any appointed attorney to perform as provided in Supreme Court Rule 907.

(H) Parenting Education. In accordance with Supreme Court Rule 924, the parties in

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all dissolution of marriage cases involving a child and all parentage cases, except when excused by the court for good cause shown, shall attend and complete an approved parenting education program within sixty days after the initial case management conference and file with the court a certificate attesting to that parent's successful completion of the program.

(I) Mediation. In accordance with Supreme Court Rule 905, mediation shall beordered in cases involving the custody or removal of a child or visitation issues, subject to the eligibility provisions set forth herein.

( 1) Definitions.

(a) Mediation. When the word "mediation" is used herein, itmeans a cooperative process for resolving conflict with the assistance of a trained court­appointed, neutral third party, whose role is to facilitate communication, to help define issues, and to assist the parties in identifying and negotiating fair solutions that are mutually agreeable. Fundamental to the mediation process described herein are principles of safety, self­determination, procedural informality, privacy, confidentiality, and full disclosure of relevant information between the parties. Mediation is based on a full disclosure of all facts related to the disputes so that a fair and equitable agreement can be achieved by the pariies.

(b) Impediment. When the word "impediment" is used herein, itmeans any condition, including but not limited to domestic and family violence or intimidation, substance abuse or chemical dependency, or mental or cognitive impairment, or other circumstances which may render mediation inappropriate or would unreasonably interfere with the mediation process. The identification of forms of impediment is designed not to require treatment, but to insure that only parties having a present, undiminished ability to negotiate are directed by court order to mediate.

(2) Mediation Mandatory in Certain Cases.

(a) Matters Subject to Mediation. The designated judge shall ordermediation of contested child custody, removal and visitation issues arising in any case not otherwise determined to be ineligible pursuant to this program. The pa11ies may not proceed to a judicial hearing on contested issues arising in that case without leave of com1, or until the mediation process has been concluded and its outcome has been reported to the court.

(b) Prerequisite to Mediation. The parties referred to mediation by thecom1 shall complete the parent education program prior to starting mediation or as soon after starting mediation as the parent education program's schedule allows.

(c) Commencement of Mediation. The mediation process shallcommence as provided by Supreme Court Rule 923(a)(3). In no event shall mediation occur before a case has been screened for eligibility pursuant to safety protocols for mediators. The

designated judge shall be advised by counsel and/or the parties concerning:

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1. Impediment of the parties as defined in Rule (1 )(b ), and2. Circumstances which would make the case ineligible for

mediation.

(d) Discovery. Discovery may continue tlu·oughout the mediation.

(3) Cases Ineligible for Mediation.

The court may on motion or its own initiative find that a case is ineligible for mediation. Such motions shall be supported by affidavit. A finding of ineligibility shall be based on any of the following factors:

(a) Inadequate financial resources of the parties,(b) An impediment,(c) The existence of circumstances which would likely cause undue

hardship to a pa1ty or child if mediation is ordered.

(4) Refe1rnl Assignment Procedure.

(a) Upon the comt's order for the pa1ties to paiticipate in mediation, amediator may be selected by agreement of the paities from the list of qualified mediators maintained by the Chief Judge or his/her designee. Absent an agreement, the trial judge shall select the mediator and assign the mediator a 45-day status date on the issue of progress of the mediation. The mediator shall be compensated by the parties at the rate agreed to by the parties and the mediator.

1. The cou1t shall designate in its order what percentage of themediation fee should be paid by the paity and/or whether the case should be considered a reduced fee or indigency case.

2. The attorneys shall encourage the patties to mediate ingood faith. The parties shall participate in mediation in good faith.

3. On or before the status date, for parties who are participating inmediation, the mediator shall submit a report to the court and the parties' legal counsel, which shall include the information required by Rule (9).

4. The pa1iies shall contact the mediator within two days afterthe referral order is entered for the purpose of setting an appointment.

5. In cases where a litigant can only conmrnnicate in a languageother than English, the comt will make a good-faith effo1i to provide a mediator, and a pro bono attorney where applicable, and/or interpreter who speaks the language of the litigant who needs English assistance.

(b) Conflict of Interest.

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CASE MANAGEMENT

MEMORANDUM

1. Case Title: vs. -----------------------

2. Case No:-----------------------

3. Plaintiffs:

(a)-------­Name

(b) ______ _

(c) ---------

4. Defendants:

(a)--------

(b) ______ _

(c) --------

Age Address

5. Nature of Case: (State whether P.I., P.D., wrongful death, dram shop, etc.)

6. Factual Summary and Theory of Liability or Defense.

7. Describe in detail the complexity of the case.

8. Suggestions for simplification of the issues.

9. Describe any amendments that are required to the pleadings.

10. Suggestions for obtaining admissions of fact and of documents which will avoidunnecessary proof.

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APPENDlX A Rule VI(B)(4)